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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2021-06-28 and last amended on 2020-04-30. Previous Versions

PART 16Seizure (continued)

Marginal note:Application by person from whom thing was seized

  •  (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, a person from whom it was seized may apply in writing within 30 days after the seizure for its return.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that it was not fraudulently or improperly obtained or used.

  • Marginal note:Notice of decision

    (3) An applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.

Marginal note:Sale of a seized thing

  •  (1) Subject to subsections (2) and (3), if a thing seized is not returned to its lawful owner or the person from whom it was seized under section 254, 255 or 256, the thing shall be sold unless the costs of sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

  • Marginal note:Sale suspended

    (2) A thing seized shall not be sold

    • (a) during the 15 days following notification of a decision not to return it under section 255 or 256; or

    • (b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.

  • Marginal note:Disposition of documents

    (3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be retained for as long as is necessary for the administration or enforcement of Canadian laws, after which it is subject to the applicable laws relating to the disposal of public archives.

Marginal note:Limitation period for seizures

 No seizure may be made under subsection 140(1) of the Act in respect of the fraudulent or improper obtaining or use of a thing more than six years after that obtaining or use.

PART 17Transportation

Marginal note:Prescribed persons

 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed:

  • (a) any foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act, unless they hold a temporary resident permit issued under section 24 of the Act;

  • (b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada; and

  • (c) any foreign national who is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

Marginal note:Prescribed documents

 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:

  • (a) a travel document referred to in subsection 31(3) of the Act;

  • (b) refugee travel papers issued by the Minister;

  • (c) a document referred to in subsection 50(1) or 52(1);

  • (d) a temporary travel document referred to in section 151;

  • (e) a visa referred to in section 6 or subsection 7(1);

  • (f) a permanent resident card; and

  • (g) an electronic travel authorization referred to in section 7.01 or 7.1.

  • SOR/2015-46, s. 1
  • SOR/2016-37, ss. 4(F), 14
  • SOR/2017-53, s. 7

Marginal note:Holding prescribed documentation

  •  (1) If a commercial transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the commercial transporter must give the person a receipt for the documents and hold the documents until examination.

  • Marginal note:Presenting documents

    (2) A commercial transporter that holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.

  • SOR/2016-37, s. 5

Marginal note:Obligation to hold a person

  •  (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when

    • (a) an officer informs the transporter that the examination of the person is completed;

    • (b) the person is authorized to enter Canada under section 23 of the Act; or

    • (c) the person is detained under any Canadian law.

  • Marginal note:Notification

    (2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.

Marginal note:Stowaway notification

 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.

Marginal note:Medical examination and treatment

  •  (1) A commercial transporter must arrange for the medical examination of a foreign national who is required to submit to one under paragraph 16(2)(b) of the Act and for any medical examination, surveillance or treatment that is imposed under section 32.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the foreign national holds a temporary or permanent resident visa at the time of their examination and the foreign national’s health condition is not a result of the commercial transporter’s negligence; or

    • (b) the foreign national has been authorized to enter and remain in Canada and is not a member of the crew.

  • Marginal note:Prescribed medical costs

    (3) For the purposes of paragraph 148(1)(g) of the Act, any medical costs incurred with respect to the foreign national are prescribed costs and are to be calculated on the basis of the applicable provincial health insurance system.

  • SOR/2012-154, s. 13
  • SOR/2016-37, s. 6

Marginal note:Prescribed information

 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:

  • (a) a copy of any ticket issued to the person;

  • (b) a document specifying the person’s itinerary, including the place of embarkation and dates of travel; and

  • (c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.

Marginal note:Crew list

  •  (1) On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the crew.

  • Marginal note:Amended crew list

    (2) The transporter must maintain on board a current list of all members of the crew while the vessel is in Canada.

  • Marginal note:Final crew list

    (3) Before the vessel’s departure from its final port of call in Canada, the transporter must provide an officer with a copy of the list referred to in subsection (1) that includes any changes made while the vessel was in Canada.

Marginal note:Assembly

 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.

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